Njabulo Ndlovu faces ACT Magistrates Court, accused of indecent acts on bus

The 33-year-old man was denied bail on Wednesday, after a prosecutor claimed his actions were "brazen" and "part of a pattern of similar offending".

Njabulo Ndlovu faced the ACT Magistrates Court, where he is accused of offences against two girls while on a bus on two different occasions in 2023.

The man, from Bonner, pleaded not guilty to committing an act of indecency without consent.

Ndlovu also faces two charges of offensive behaviour in public, and single counts of property damage, and failing to appear while on bail.

Magistrate Ian Temby outlined some of the allegations against Ndlovu.

He said the 33-year-old had boarded a bus at the Gungahlin interchange in January 2023 and started a conversation with a girl.

Mr Temby said court documents alleged Ndlovu made comments to the girl, suggesting they should go back to his place, that she should marry him and said she "smelt delicious".

In May, Ndlovu again boarded a bus at the interchange, and sat between two girls, despite a number of other empty seats, Mr Temby said.

The man is said to have made comments about one of the girls making a good wife, and touched her arm, and knee which "made her feel uncomfortable".

The girl allegedly went into shock before a number of other passengers assisted.

Mr Temby remanded Ndlovu in custody saying reoffending "would involve the harassment or endangerment of the safety or welfare of other people".

Prosecutor Lillian Thomas had argued against bail, saying Ndlovu had a "pattern of similar offending".

"Alcohol played a part in what can be described as unusual behaviour," Ms Thomas said.

She argued Ndlovu's actions were "brazen" and had occurred on a public bus, against a 16-year-old at the "peak time" of 4.15pm.

The girl felt "significant discomfort and fear", and Ndlovu had touched her arm and knee, Ms Thomas said.

She said Ndlovu had two previous convictions for committing an act of indecency dating back to 2021.

Ms Thomas argued bail conditions would not mitigate the likelihood of offending which would "put the general public is at risk".

Ndlovu's Legal Aid lawyer, Edward Chen, said his client had been "on a bus with a young person and trying to whip up some kind of romantic relationship between them".

"He was polite, although he clearly misread [the situation]," Mr Chen said.

"My client immediately stopped trying to engage with the young woman when she started to show signs of distress, that is she started crying."

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Mr Chen claimed Ndlovu had then moved to another seat and put his head in his hands.

"[Ndlovu] has now served 67 days in custody for offences which in my submission ... would not have resulted in a single day's imprisonment," Mr Chen said.

He told the court Ndlovu had been diagnosed with schizophrenia and was on a psychiatric treatment order.

"There is a complex story to be told ... that may very well impact his moral culpability," Mr Chen said.

"This is a matter involving a mentally unwell person."

Ndlovu is scheduled to appear in court again on August 3.

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